CHP17 v Minister for Immigration and Multicultural Affairs [2025] FCA 284

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

1. This proceeding is an appeal from orders made by the Federal Circuit Court of Australia, dismissing the appellant's application for judicial review of a decision of the Immigration Assessment Authority (IAA) - see: CHP17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1395.
2. At the request of the appellant, the appeal was listed for hearing in the Brisbane registry of the Court. The appellant did not appear at the hearing. A number of unsuccessful attempts were made to contact him.
3. At the hearing of the appeal, the Court raised with the Minister for Immigration, Citizenship and Multicultural Affairs the question whether the primary judge erred in failing to recognise jurisdictional error on the part of the IAA in the way the appellant had contended in his notice of appeal, which also reflected the case put to the primary judge.
4. It is sufficient for present purposes to observe that, in response, a number of cogent arguments were concisely put by counsel for the Minister as to why the appeal should be dismissed irrespective of whether the primary judge erred. These included that, on the preferable reading of its reasons, the IAA did not misunderstand its discretion under s 473DC of the Migration Act 1958 (Cth) as contended by the appellant and that, even it did, the error was not material.
5. As things presently stand, it would seem that the appellant does not wish to pursue his appeal. In the circumstances, I will make the orders to which these reasons relate.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Thawley.